An accused may seek permission under Section 311 CrPC to examine themselves before the appellate court if they were denied such opportunity at trial.

Headnote:STATUTE ANALYSIS: The petition involves Section 397 r/w Section 401 of the Code of Criminal Procedure, seeking to quash an order passed under Section 311 of Cr.P.C. in a criminal case. FACTS OF THE CASE: The petitioner, as accused in S.T.C. No. 4213 of 2022, filed applications to examine himself as a defense witness and to mark documents, which were dismissed for non-compliance with cost. FINDINGS OF THE COURT: The Court held that the petitioner should approach the lower appellate court under Section 311 Cr.P.C. to seek permission to adduce additional evidence. ISSUES: Whether the petitioner should be permitted to examine himself and mark documents before the lower appellate court under Section 311 Cr.P.C. RATIO DECIDENDI: The Court reasoned that the appropriate forum for seeking additional evidence lies before the lower appellate court, which must decide the application on merits. RESULT: This Criminal Original Petition is dismissed and the connected Miscellaneous Petition is closed.

Table of Content
1. petitioner seeks to quash trial court order denying examination as defense witness (Para 1 , 2)
2. counsel submits to permit examination under section 311 cr.p.c. before appellate court (Para 3)
3. court directs petitioner to file section 311 petition before lower appellate court on merits (Para 4 , 5)

ORDER

This Criminal Original Petition has been filed to set the order dated

02.03.2026 passed in Crl M.P. No.5 and 6 of 2026 in S.T.C No. 4213 of 2022 on the file of the learned XXVII Metropolitan Magistrate (Judge) Court Saidapet.

2. The petitioner, as the accused in S.T.C.No.4213 of 2022, had filed Crl.M.P.No.5 & 6 of 2026, seeking permission of the Court to examine himself as defence side witness by recalling him. The trial Court finding that, though the petitioner had filed several petitions, in order to decide the case and that the petitioner can file documents and adduce evidence only before the trial Court, and it would be appropriate to allow the petition, subject to the payment of cost of Rs.2,000/- each on or before 02.03.2026. Since the petitioner had failed to comply with the order dated 23.02.2026, the petitions were dismissed.

Aggrieved by the same, the petitioner had filed the present petition.

3. The learned counsel for the petitioner submitted that, now, the petitioner has been convicted by the trial Court, vide judgment dated 16.04.2026. The only grievance is that the petitioner was not permitted to probabilise his defence and the petitioner may be permitted to be examined as defence witness and mark documents by invoking Section 311 Cr.P.C., before the lower appellate Court.

4. Heard the learned counsel for the petitioner and perused the materials available on record.

5. Considering the submission made by the learned counsel for the petitioner and upon perusal of the materials available on record, this Court is of the view that, it is for the petitioner to file a petition under Section 311 Cr.P.C., before the lower Appellate Court, to examine himself, which shall be considered by the lower Appellate Court, on merits and if the Court satisfies, permit the petitioner to adduce additional evidence and to examine himself.

6. In the result, this Criminal Original Petition stands dismissed.

Click Here to Read the rest of this document

2026 Supreme(Online)(Mad) 40349

IN THE HIGH COURT OF JUDICATURE AT MADRASM. Nirmal Kumar, JLeonard – AppellantVersusA. Ashok Kumar – RespondentCrl.M.P.No.7024 of 2026 | S.T.C No. 4213 of 2022 | Crl.M.P.No.5 and 6 of 2026

An accused may seek permission under Section 311 CrPC to examine themselves before the appellate court if they were denied such opportunity at trial.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Nirmal Kumar, J
Leonard – Appellant
Versus
A. Ashok Kumar – Respondent
Crl.M.P.No.7024 of 2026 | S.T.C No. 4213 of 2022 | Crl.M.P.No.5 and 6 of 2026